Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------S.15--Constitution of Pakistan (1973), Arts.2-A, 3, 4, 9, 18, 23 to 25, 175, 189, & 199---Constitutional petition-Sale of mortgaged property--Vireo of S.15, Financial Institutions (Recovery of Finances) Ordinance, 2001 being unconstitutional and offend the provisions of Arts.2-A, 4, 9, 18, 23, 24, 25 and 175 of the Constitution---Validity---Impugned provision was ultra vires the Constitution, offended the fundamental rights of the petitioners and action of Bank by invoking the said provision of law was not legally sustainable which was set aside by High Court and it was declared that remedy of invoking provisions of S. 15 of Financial Institutions (Recovery of Finances) Ordinance, 2001 was not available to the Bank; having been declared unconstitutional. Muhammad Umer Rathore v. Federation of Pakistan 2009 CLD 257 and Maj. Gen.(Retd.) Mian Ghulam Jelani v. The Federal Government through the Secretary, Government of Pakistan, Interior Division, Islamabad PLD 1975 Lah. 63 ref. JUDGMENT SYED HAMID ALI SHAH, J.---This single judgment will dispose of Writ Petitions Nos. 6945, 7091, 5813, 6134, 5655, 5817, 5815, 6025, 6024, 4950, 5814, 5816, 5518, 6441 of 2009, involving commons questions of law and facts. 2. Petitioners in these petitions, have assailed the vires of section 15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, being unconstitutional and offending the provisions of Articles 2-A, 3, 4, 9, 18, 23 to 25 and 175 of the Constitution. of Islamic Republic of Pakistan. 3. Learned counsel for the petitioners have submitted that vires of section 15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, have been declared as illegal and ultra vires the Constitution by a learned Full Bench of this Court in the case of Muhammad Umer Rathore v. Federation of Pakistan 2009 CLD 25. 4. Learned counsel for the respondents has submitted that judgment of learned Full Bench of this Court was assailed in Civil Petition No.134 of 2009, wherein the Honourable apex Court has granted leave to appeal to the petitioner and suspended the operation of the impugned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492